The Supreme Court will hear two cases that could determine whether thousands of unauthorized immigrants will be detained indefinitely. Here’s what you should know.
The Cases
Garland v. Gonzalez andJohnson v. Arteaga-Martinez are on the docket. Both cases involve immigrants who have been detained in prison-like detention centers for longer than six months. The plaintiffs in both cases argue that immigrants detained for more than six months should be entitled to a bond hearing to get the chance to be released.
The Biden Administration
The Justice Department (DOJ) has made it clear that the immigration statute that serves as a the basis for the detainment order does not grant immigrants a hearing. Not only does the statute not allow a hearing, the DOJ believes that lower courts don’t have the power to decide on a potential bond hearing.
The Ninth Circuit Court of Appeals originally approved class-wide relief in the Gonzalez case when it went before the court in 2020, but the DOJ believes it lacked the authority to do so.
So, what is the statute, and how will the Supreme Court handle this case?
8 U.S.C. § 1231
Statute 8 U.S.C. § 1231 is at the center of both cases on the Supreme Court docket. According to this statute, detained immigrants may be detained for an extended amount of time if they fail to meet release criteria.
The sticking point for both cases is the word “may.” When the Supreme Court hears a case, they evaluate every letter, punctuation mark, and space in the case to make their determination. In some cases, a single word may lead to a legal precedent, which seems to be the case in the upcoming hearing.
Because the statute says “may” not “shall,” the two cases argue that it’s unlawful to detain immigrants indefinitely. “May” suggests that there’s an endpoint or a limit on the detention sentence and that detention, in general, may be optional.
The Supreme Court’s Role
In cases like this, the Supreme Court must hear both cases and the district court’s decision and measure it against existing precedents and federal immigration law. The justices will reach a decision, and there will likely be a formal release to the public outlining their decision.
The Supreme Court can uphold or deny the decision from the district court. If the justices choose to enforce the decision, there may be hope for thousands of detainees. However, a major stumbling block for their cause is the DOJ’s position on the matter.
According to the law, the federal government presides overall immigration matters. At the same time, the states uphold those regulations and make localized changes or laws of their own that do not interfere with the federal government’s plans.
Based on this principle, the Supreme Court could fall in line with the DOJ and uphold statute 8 U.S.C. § 1231. If this happens, detainees across the country could be held in custody indefinitely or until their deportation.
Know What’s At Stake
This issue is not just a legal matter but a humanitarian one. Keeping people detained indefinitely is cruel and part of a system that the government would never impose on its citizens. Only those without proper identification or status are treated in this way.
However, regardless of immigration status, these detainees are people with families and lives outside of their detention center cell. Advocates and immigrants alike agree that keeping anyone detained without hope of a bond hearing is inhumane.
Until the Supreme Court issues its decision, it’s unclear what the future may hold for detainees. Our attorney is experienced in these matters and has helped countless immigrants pursue freedom. If you or a loved one is at risk of being detained or deported contact Lim Law, P.A. immediately.
Learn how Lim Law, P.A. can protect your freedom by contacting our firm.
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